**5. Conformity and other related concepts as characteristics of the 'goods'**

Generally, goods have certain defined physical characteristics which in everyday business practice the parties have full knowledge of when contracting. In some cases, certain states of affairs may be so inextricably linked to the goods as to be 'non-physical characteristics' of the goods. In this regard, the parties may in concluding their sale insist on some features connected to the goods but are not physically part of the goods. These could concern the tangible and intangible things connected to the good. Nevertheless, the dichotomy between intrinsic and extrinsic characteristics of a 'good' is fundamental in determining the functionality of the goods. In effect, these characteristics are broad and can be described in various terms, for example, intrinsic/extrinsic; embodied/unembodied; tangible/intangible; corporeal/incorporeal; objective/subjective; real/intellectual and physical/ non-physical.

A key example of non-physical characteristics that the parties may view as part of the goods emerges from the field of marketing. In that field, '[the idea of tangible and intangible attributes [of goods] is well established' [17]. Tangible characteristics are those that 'are physically present or can be seen, experienced or measured in some way'. Intangible characteristics, such as reputation, quality image, and country of origin, are 'understood using cognitive processes and also often contain an emotional dimension'29. It should be stressed that these intangible characteristics most impact the consumer behaviour in guiding their choices of goods they buy. It, therefore, ascertains the economic value of goods30. Hence, these non-physical attributes are conceived of as part of the goods.
